Polity GS Paper II by R.P.Singh

Model Answer

Question #1. Article 21, although couched in a restricted manner, has been interpreted by the Supreme court in the widest possible terms. Comment

Approach:

•   Introduce briefly Article 21 along with its provisions and applications. (words - 30)
•   Analyse the scope of Article 21 in safeguarding life and liberty of individuals. (words - 50)
•   Elaborate various judgements of the Supreme Court related to the Article 21 of the constitution of India. (words - 40)
•   Give a balanced conclusion (words - 30)

Hints:

Article 21 provisions about Protection of life and personal liberty, it says that "No person shall be deprived of his life or personal liberty except according to procedure established by law, nor shall any person be denied equality before the law or the equal protection of the laws within the territory of India".  Article 21 secures two rights, Right to life, and Right to personal liberty. Article 21 (and its many interpretations) is the perfect example of the transformative character of the Constitution of India. The Indian judiciary has attributed wider connotation and meaning to Article 21, extending beyond the Constitution makers’ imagination. These meanings derived from the ‘right to life’ present unique complexities.

Scope of Article 21:

•   It prohibits the deprivation of the above rights except according to a procedure established by law.
•   It is fundamental to democracy as it extends to natural persons and not just citizens.
•   The right is available to every person, citizen or alien. Thus, even a foreigner can claim this right.

Meaning, Concept and Interpretation of ‘Right To Life’ Under Article 21

•   The right to life is the most fundamental of all rights.
•   ‘Life’ in Article 21 of the Constitution is not merely the physical act of breathing.
•   It has a much wider scope, including the right to live with human dignity, Right to livelihood, Right to health, Right to pollution-free air, etc.
•   It is very fundamental to our existence, without which we cannot live as human beings and includes all those aspects of life, which make our life meaningful, complete, and worth living.
•   All other rights add quality to the life and depend on the pre-existence of life itself for their operation.
•   As human rights can only attach to living beings, hence it is considered as primary since none of the other rights would have any value or utility without it.
•   In Maneka Gandhi v. Union of India, the Supreme Court gave a new dimension to Art. 21. The Court held that the right to live is not merely a physical right but includes within its ambit the right to live with human dignity.
•   In Bandhua Mukti Morcha v. Union of India, the Supreme Court Characterised Article 21 as the heart of fundamental rights.
•   In Peoples Union for Democratic Rights v. Union of India, SC held that non-payment of minimum wages to the workers is a denial to them of their right to live with basic human dignity and violative of Article 21 of the Constitution.
•   In Vishakha v. State of Rajasthan, the Supreme Court declared sexual harassment at the workplace to violate the right to equality, life and liberty. Therefore, a violation of Articles 14, 15 and 21 of the Constitution.
•   In Smt. Kiran Bedi v. Committee of Inquiry, the SC held that Right to Reputation is falls within the category of Article 21.
•   In many judgements SC recognized that ‘the right to life’ guaranteed by Article 21 includes ‘the right to livelihood’.

Meaning and Interpretation of Personal Liberty:

• The meaning of the term’ personal liberty’ was considered by the Supreme Court in Kharak Singh’s case, which arose out of the challenge to Constitutional validity of the U. P. Police Regulations that provided for surveillance by way of domiciliary visits secret picketing.
• The Court observed that the right to personal liberty in the Indian Constitution is the right of an individual to be free from restrictions or encroachments on his person, whether they are directly imposed or indirectly brought about by calculated measures.
• The Supreme Court has held that even lawful imprisonment does not spell farewell to all fundamental rights. A prisoner retains all the rights enjoyed by a free citizen except only those ‘necessarily’ lost as an incident of imprisonment.

Right to Privacy:

• The term is not explicitly mentioned in the Constitution, the right to privacy was considered a ‘penumbral right’ under the Constitution.
• It is a right declared by the Supreme Court as integral to the fundamental right to life and liberty.
• After the KS Puttuswamy judgment, the right to privacy has been read and understood by the Court in various landmark judgments.

Conclusion:

Article 21 is at the heart of the Constitution. It is the most organic and progressive provision in our living Constitution. Article 21 can only be claimed when a person is deprived of his ‘life or ‘personal liberty’ by the ‘State’ as defined in Article 12. Thus, violation of the right by private individuals is not within the preview of Article 21. Article 21 is the only Article in the Constitution that has received the broadest possible interpretation. Also, it is well established that to deprive a person of his life and personal liberty must be done under a ‘procedure, established by law’. Such an exception must be made in a just, fair and reasonable manner and must not be arbitrary, fanciful or oppressive. Therefore, for the procedure to be valid, it must comply with the principles of natural justice.